Burnham v. MacWhinnie

This case comes before us on the report established by this Division after plaintiff’s draft report had been disallowed as not conformable to the facts. These facts, as recited in the report, are as follows:

“This is an action of replevin for a certain motor truck, which under the writ, was taken from the defendant. The plaintiff gave a bond to the defendant. The action and bond were filed in court on 5 August 1963, and on that date, the defendant filed an answer. The plaintiff appeared and acted pro se. The .case was marked for hearing for 13 August 1963. The defendant’s attorney and the…